1. On concluding its Report, the Commission would like to acknowledge once
again the efforts of the Colombian State and [civil] society to address the
complex and challenging reality of an internal armed conflict that has affected
the civilian population for almost 40 years, and continues to do so to this
day. The armed conflict cannot be viewed in isolation from the human rights
situation in Colombia. Nonetheless, the Commission's assessment reveals that
the Colombian State's efforts have not been successful in confronting the crisis
and the violence, which have a grave, ongoing, and prolonged impact on the population's
most fundamental rights.

2. Forging peace is indissolubly linked to investigating, judging, and making
reparations for human rights violations, especially those committed by State
agents or by those who rely on their support or acquiescence. The search for
an authentic peace should be grounded in the observance of human rights. The
rule of law should provide the formulas for making a determination as to the
truth, to try those who violate the laws in force and make reparation to the
victims. To respond lawfully and effectively to violations of fundamental rights,
the administration of justice requires laws in line with society's needs, and
in line with general principles such as the right of access to justice, the
impartiality of the court or judge, the procedural equality of the parties,
and the enforceability and effectiveness of court decisions.

3. The Commission is aware of the structural, long-standing shortcomings that
beset the State, in particular the administration of justice: excessive caseloads,
the limited budget, and the fact that the codes were out of step with practices.
The Commission also considers that the State apparatus has been affected negatively
by the conflict such that it appears to abdicate its responsibilities as guarantor
of the fundamental rights of the population, particularly in certain zones of
the country, where it was not able to establish a permanent and effective presence.
This situation, however, cannot validate the perverse levels of impunity, which
year after year frustrates the diligent and effective trial of violations of
the most fundamental human rights. These shortcomings should be addressed by
rebuilding the judicial system, particularly the criminal justice system, so
that the violations of law that result from the complex situation of violence
can be clarified, abiding by the rules of regular procedure, and pursuant to
principles that meet the expectations of justice of the victims and of society
in general.

4. The Commission trusts that the Colombian State, along with its citizens,
shall undertake the task of responding effectively, with justice, to the violence
and impunity. This is required by current law, beginning with the 1991 Constitution,
which is one of the most advanced in Latin America, and the international obligations
assumed via ratification of the instruments of the inter-American system.

5. The approval and publication of this Report is taking place in the context
of a complex process of peace negotiations, and of reform to the Colombian Constitution.
The Commission is hopeful that the efforts of President Andrés Pastrana Arango
to generate conditions conducive to a settlement of the conflict succeed in
achieving true national reconciliation, and that it further hopes that such
a process will be accompanied by provisions that strengthen the administration
of justice, among other areas. The Commission is aware that these efforts are
challenged daily by the fighting between the military forces and the armed dissident
groups, attacks by both against civilians, i.e. the non-combatant population,
the escalation of paramilitary activities, common crime and drug-trafficking,
the harassment of human rights defenders, and the forced displacement of thousands
of persons and families.

6. The Commission is always ready to contribute, within its jurisdiction and
the purposes and aims of the American Convention, to the strengthening of the
peaceful and democratic co-existence of all Colombians. Nonetheless, it should
note that while the internal armed conflict and the human rights crisis are
closely related and need to be tackled in a coordinated fashion, the concern
to seek political peace cannot be brandished as an excuse for delaying or weakening
efforts in the struggle against impunity. Impunity also has the harmful effect
of feeding the violence and destroying the essence of justice under a constitutional
government and the rule of law. The process embarked upon to achieve peace and
reconciliation on Colombian soil requires that the competent authorities and
civil society direct their efforts to achieving social justice by upholding
constitutional government and the rule of law, and by enforcing the law.

7. The Commission is convinced that the process of peace and co-existence of
all Colombians should be based on truth, justice, and reparation. Overcoming
the violence should be based on clarifying the human rights violations, placing
on trial the persons responsible and punishing them pursuant to the law, and
making reparation for the damages caused the victims. Only through the law and
a shared perception of justice can we break the vicious cycle of impunity, re-establish
public order, and guarantee observance of the rules of the political game that
allow for the free advocacy of values in a context of tolerance.

8. The Commission would like to conclude this Report by expressing its desire
for the Colombian people to realize their longing to live in peace in the framework
of respect for and full observance of fundamental human rights.